Part 4
Also, by reason of the controuersie which depended as then betwixt diuerse persons, as competitors of the crowne of Scotland, he went into the north parts and kept his easter at Newcastell, and shortlie after, called a parlement at Northampton; where, by the aduise of the prelats and other of his councell, learned in both the lawes, vpon knowledge had by search of records, and chronicles of ancient time, he caused all the prelats and barons of Scotland to be called afore him, and there in the parish-church of Norham, he declared vnto them his right to the superioritie of the kingdome of Scotland, and requiring of them, that they would recognise the same, protesting that he would defend the right of his crowne, to the shedding of his owne bloud, that a true certificat and information might come to light of his title and rightfull claime, vnto the direct and supreme dominion ouer the realme of Scotland.
He had caused verelie all the histories, chronicles, and monuments that were to be found within England, Scotland and Wales, to be sought vp and perused, that it might be knowen what right he had in this behalfe. Wherevpon it was found by the chronicles of Marianus the Scot, William of Malmesburie, Roger Houeden, Henrie Huntington, Rafe de Diceto, and others, that in the yeare of our Lord 910, K. Edward surnamed Senior, or the elder, subdued to him the kings of Scots and Welshmen, so that in the yeare 921, the same people chose the said Edward to be their king and patrone. And likewise in the yeare 926, Athelstan king of England vanquished Constantine king of Scotland, and permitted him yet to reigne vnder him. Moreouer, Edred the brother of Athelstan, and king of England, ouercame the Scots and Northumbers, the which submitted themselues to him and sware him fealtie. Also Edgar king of England vanquished Kineth the son of Alpine king of Scotland, who sware fealtie to him. Likewise Cnute king of England and Denmarke, in the 16 yeare of his reigne ouercame Malcolme king of Scots, & so became king of foure kingdoms, England, Scotland, Denmarke, and Norwaie.
Furthermore, that blessed king S. Edward, gaue the kingdome of Scotland vnto Malcolme the sonne of the king of Cumberland, to hold the same of him. Againe, William Bastard the Norman conqueror, in the sixt yeare of his reigne vanquished Malcolme king of Scotland, and receiued of him an oth of fealtie. Also, Will. Rufus did the like vnto Malcolme king of Scots, and two of his sonnes that successiuelie reigned ouer that realme. Also, Alexander succéeded his brother Edgar in the kingdome of Scotland, by consent of K. Henrie the first. Also Dauid king of Scotland did homage to K. Stephan, & William K. of Scots did homage to Henrie, the son of K. Henrie the second, when in his fathers life time he was crowned; and againe, to Henrie the father in the 20 yeare of his reigne, as by an agréement made betwixt them two it dooth appeare. Also, Roger Houeden saith, that William king of Scotland came to his souereigne lord king Henrie into Normandie, and likewise to king Richard, and moreouer to king Iohn at Lincolne, dooing to them his homage. Also, in the chronicles of S. Albons it is found that Alexander king of Scotland married at Yorke Margaret the daughter of king Henrie the third, in the 35 yeare of his reigne, and did to him homage.
[Sidenote: K. Edward recognised for superior lord of Scotland.]
And further, when king Edward himselfe was crowned at Westminster, in the yeare of our Lord 1274, being the second of his reigne, the last deceassed K. of Scotland, Alexander the third of that name did homage vnto him at Westminster the morrow after the coronation. All which homages and fealties thus done by sundrie kings of Scotland, vnto sundrie kings of England, were directlie and most manifestlie prooued to be doone for the realme of Scotland, and not onelie for the lands which they held of the kings of England within England, as the Scotish writers would séeme to colour the matter. But things being then fresh in memorie, no such cauillation might be auerred. And so herevpon king Edwards title being substantiallie prooued, he was recognised superiour lord of Scotland, of all them that pretended title at that time to that kingdome, by writings thereof made and confirmed vnder their seales, the which being written in French conteined matter as here followeth.
The copie of the Charter in French.
A tous ceulx, qui ceste presente lettre verrunt ou orrunt, Florence counte de Holland, Robert de Brus seigneur du Val Danand, Iehan Baliol seigneur de Galloway, Iehan de Hastings seigneur de Abergeuenne, Iehan Comin seigneur de Badenaugh, Patrique de Dunbar counte de la Marche, Iehan de Vescy pur son pere, Nichol de Seules, & Guilaum de Ros, saluz en dieu. Come nous entendons d'auger droyt en reaume d'Escoce, & celle droyt monstrer, chal[=e]ger, & auerer deuant celuy, que plus de poer, iurisdiction, & réeson, eust de trier nostre droyt, & l'noble prince sire Edward, par la grace de Dieu, roy d'Angleterre, nous a enforme per bonnes & suffisaunt réesons, que aluy apent, & auer doit la souerein seigneurie, du dict reaume d'Escoce, & la cognisaunce de oir, trier & terminer nostre droyt. Nous de nostre propre volunté, sanz nulle maniere de force ou destresse, voluns, otrions, & grantons de receiuré droyt deuaunt luy, come souerein seigneur de la terre. Et voluns ia lemeins, & promettons, que nous auerons, & tendrons, ferme, & estable son fait, & que celuy emportera le reaume, a qui droyt le durra deuant luy. En testimoigne de ceste chose, nous auons mis nous seaules a ceste escript. Fait & donné a Norham, le mardi prochein apres la Ascension, l'an de Grace, 1291.
In English thus.
To all them that these present letters shall sée or heare, Florence earle of Holland, Robert le Bruce lord of Annandale, Iohn Comin lord of Badenaw, Patrike de Dunbar earle of March, Iohn de Baliol lord of Gallowaie, Iohn Hastings lord of Abergeuennie, Iohn de Vesey in stead of his father, Nicholas de Sules, & Walter Ros, send gréeting in our Lord. Whereas we intend to haue right in the kingdome of Scotland, and intend to declare, chalenge and proue the same before him that hath the best authoritie, iurisdiction and reason to examine our right, and that the noble prince the lord Edward, by the grace of God, king of England, by good and sufficient reasons hath informed vs, that the superior dominion of Scotland belongeth to him, and that he ought to haue the knowledge in the hearing, examining, and defining of our right, we of our frée willes, without all violence and constraint, will, consent and grant, to receiue our right before him, as the superior lord of the land. We will also & promise, that we shal haue and hold his déed for firme and stable, and that he shall haue the kingdome, vnto whome before him best right shall assigne the same. In witnesse whereof we haue to these letters put our seales. Giuen at Norham, the tuesdaie next after the feast of the Ascension of our Lord, in the yeare of Grace, 1291.
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The recognising therefore made of the superioritie and submission of grant to receiue that, which before the king of England should by law be defined, the said king required to haue the castels, and the whole land deliuered vnto his possession, that by peaceable seizine thereof had, his right of superioritie now recognised by their letters and writings, might be the more manifest and apparent to the whole world. They streightwaies agréed to the kings request, and writings thereof were made and confirmed with their seales, being written in French, as followeth.
The copie of the second charter touching the possession of the land, in French.
A tous iceulx, que ceste presente lettre verrunt ou orront, Florence counte de Holland, Robert de Brus seigneur du Val Danand, Iehan de Baliol seigneur de Galloway, Iehan de Hastings seigneur de Abergeuenny, Iehan Comin seigneur de Badenaw, Patrique Dunbar counte de la Marche, Iehan de Vescy, pour son pere, Nichol de Seules, & Guilaume de Ros, saluz en dieu. Come nous aions otrie, & graunte, de nostre bonne volunté, & commune assent sans nulle destresse, a noble prince sire Edward, par la grace de Dieu, roy de Angleterre quil come souerein seig. de la terre de Escoce puisse oir trier, & terminer nos chalenges, & nos demandes, que nos entendons monstrer, & auerrer pur nostre droyt en la reaume de Escoces & droyt receiuer deuant luy, come souerein seigneur de la terre, promettons ia lemains que son fait auerons & tendrons ferme & estable, & qu'il emportera le reaume, a qui droyt le durra deuant luy.
Mes pour ce que lauandict roy de Ang. ne puist nulle manier conusance faire ne a complier sauns iugement, ne iugement doit estre sauns execution, ne execution ne peult il faire duement, sauns la possession, & seysine de mesme la terre, & de chasteaux. Nous volons, otrions, & grantons, qu'il come souereine seigneur, a parfaire les choses auant dictes, ait la seysine de toute la mesme terre, & de chasteaux de Escoce, tant que droyt soit feit & perfourme, as demandans en tiel maniere, que auant ceo qu' il eit le seysine auant dict face bone seurte, & suffisante as demandants & as gardiens, & a la commune du reaume d' Escoce, a faire la reuersion de mesme le reaume, & de chasteaux, oue toute la royauté, dignité, seignourie, franchises, coustomes, droitures, leys, vsages, & possessions, & touz manieres des apurtenances, en mesme le estate, quils estoient quant la seysine luy fust bailleé, & liuereé a celuy que le droyt emportera par iugem[=e]t de sa royauté, sauue au roy d' Anglterre le homage de celuy, qui serra rey. Yssint quela reuersion soit feit dedans les deux moys apres le iour que le droyt sera trieé & affirme. Et que les yssues de mesme la terre en le moyne temps resceus, soient sauuement mis en depos & bien gardées par la main le chamberleyn d' Escoce que ore est, & de celuy qui serra assigne a luy de par le rey d' Angleterre, & de sous leur seaus sauue renable sustinance de la terre, & des chasteaux & des ministres du royaume. En testimoigne de cestes choses auandicts, nous auons mis nos seaules a ceste escript. Fait & donné a Norham le mecredie prochein apres l'Ascension, l'an de Grace, 1291.
The same in English.
To all them that these present writings shall sée or heare, Florence earle of Holland, Robert le Bruce lord of Annandale, Iohn de Balioll lord of Galloway, Iohn Hastings lord of Abergeuenny, Iohn Comin lord of Badenaw, Patrike de Dunbarre the earle of March, Iohn de Vescy in stead of his father, Nicholas de Sules, William de Ros, send gréeting in our lord. Bicause that of our good will and common assent, without all constraint, we doo consent and grant vnto the noble prince the lord Edward, by the grace of God king of England, that he as superiour lord of Scotland, may heare, examine, define and determine our claimes, chalenges, and petitions, which we intend to shew and prooue for our right, to be receiued before him as superiour lord of the land, promising moreouer, that we shall take his déed for firme and stable, and that he shall inioy the kingdome of Scotland, whose right shall by declaration best appeare before him.
Whereas then the said king of England cannot in this manner take knowledge, nor fulfill our meanings without iudgement, nor iudgement ought to be without execution, nor execution may in due forme be doone without possession and seizine of the said land and castels of the same; we will, consent, and grant, that he as superiour lord to performe the premisses may haue the seizine of all the land and castels of the same, till they that pretend title to the crowne be satisfied in their suit, so that before he be put in possession and seizine, he find sufficient suertie to vs that pretend title, and to the wardens, and to all the communaltie of the kingdome of Scotland, that he shall restore the same kingdome with all the roialtie, dignitie, seigniorie, liberties, customes, rights, lawes, vsages, possessions, and all and whatsoeuer the appurtenances, in the same state wherein they were before the seizine to him deliuered, vnto him to whome by right it is due, according to the iudgement of his regalitie, sauing to him the homage of that person that shall be king: and this restitution to be made within two moneths after the daie in the which the right shall be discussed and established, the issues of the same land in the meane time shall be receiued, laid vp, and put in safe kéeping, in the hands of the chamberlaine of Scotland which now is, and of him, whome the king of England shall to him assigne, and this vnder their seales, reseruing and allowing the reasonable charges for the sustentation of the land, the castels and officers of the kingdome. In witnesse of all the which premisses, we haue vnto these letters set our seales. Giuen at Norham the wednesday next after the feast of the Ascension of our Lord, in the yeare of Grace, 1291.
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[Sidenote: _Rich. Routh._]
These two letters the king of England sent vnder his priuie seale vnto diuerse monasteries within his realme, in the 19 yéere of his reigne, that in perpetuall memorie of the thing thus passed, it might be registred in their chronicles. Thus by the common assent of the chéefest of the lords in Scotland, king Edward receiued the land into his custodie, till by due and lawfull triall had, it might appéere who was rightfull heire to the crowne there. The homage or fealtie of the nobles of Scotland was expressed in words as followeth.
The forme and tenor of the homage doone by the Scots.
Bicause all we are come vnto the allegiance of the noble prince Edward king of England, we promise for vs and our heires, vpon all the danger that we may incurre, that we shall be faithfull, & loiallie hold of him against all maner of mortall men, and that we shall not vnderstand of any damage that may come to the king, nor to his heires, but we shall staie and impeach the same to our powers. And to this we bind our selues & our heires, and are sworne vpon the euangelists to performe the same. Besides this, we haue doone fealtie vnto our souereigne lord the said king in these words ech one by himselfe; I shall be true and faithfull, and faith and loialtie I shall beare to the king of England Edward and his heires, of life, member, and worldlie honour against all mortall creatures.
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[Sidenote: Master Stephansons booke of Records. Wardens of the realme of Scotland appointed by K. Edward.]
[Sidenote: The bishop of Catnesse elected Chancellor of Scotland.]
[Sidenote: He receiveth his seale.]
[Sidenote: He is sworne.]
The king hauing receiued as well the possessions of the realme, castels, manours, as other places belonging to the crowne of Scotland, he committed the gouernement and custodie of the realme vnto the bishops of S. Andrews and Glasco, to the lords Iohn Comin, and Iames Steward, who had put him in possession, so that vnder him they held the same, in maner as they had doone before. But in diuerse castels he placed such capteines as he thought most méetest to kéepe them to his vse, till he had ended the controuersie, & placed him in the kingdome, to whom of right it belonged. He also willed the lords of Scotland to elect a sufficient personage to be chancellour of the realme, which they did, naming Alane bishop of Catnesse, whom the king admitted, ioining with him one of his chapleins, named Walter Armundesham, so that on the 12 of Iune, vpon the gréene ouer against the castel of Norham, néere to the riuer of Twéed, in the parish of Vpsetelington, before Iohn Baliol, Robert Bruce, the bishops of S. Andrews and Glasco, the lords Comin and Steward, wardens of Scotland; the bishop of Catnesse receiued his seale, appointed him by the king of England as supreme lord of Scotland, and there both the said bishop & Walter Armundesham were sworne trulie to gouerne themselues in the office.
[Sidenote: The ward[=e]s sworne.]
[Sidenote: The Scotish nobilitie dooth fealtie to king Edward.]
The morrow after were the wardens sworne and with them as associated Brian Fitz Alane, and there all the earles and lords of Scotland that were present sware fealtie vnto king Edward, as to their supreme souereigne lord, and withall there was peace proclaimed, and publike edicts set foorth in the name of the same king, intituled supreme lord of the realme of Scotland. The residue of the Scotish nobilitie, earles, barons, knights, and others, with the bishops and abbats, vpon his comming into Scotland, sware fealtie either to himselfe in person, or to such as he appointed his deputies to receiue the same, in sundrie towns and places, according to order giuen in that behalfe. Such as refused to doo their fealties, were attached by their bodies till they should doo their fealties as they were bound. Those that came not, but excused themselues vpon some reasonable cause, were heard, and had day giuen vntill the next parlement: but such as neither came, nor made any reasonable excuse, were appointed to be distreined to come.
The bishop of S. Andrews, and Iohn lord Comin of Badenoth, with Brian Fitz Alane, were assigned to receiue such fealties at S. Iohns towne. The bishop of Glasco, Iames lord steward of Scotland, and Nicholas Seagraue were appointed to receiue them at Newcastell of Are. The earle of Southerland, and the shiriffe of that countrie, with his bailiffes, and the chatellaine of Inuernesse were ordeined to receiue those fealties in that countie: the chatellaine first to receiue it of the said earle, and then he with his said associats to receiue the same of others. The lord William de Saintclare, and William de Bomille, were appointed to receiue fealtie of the bishop of Whitterne, and then the said bishop with them to receiue the fealties of all the inhabitants of Gallowaie. Amongst other that did their homage to the king himselfe, was Marie quéene of Man, and countesse of Stratherne, vpon the 24 daie of Iulie, the king being thus in S. Iohns towne, otherwise called Perth. To conclude, he was put in full possession of the realme of Scotland & receiued their homages and fealties (as before ye haue heard) as the direct and supreme lord of that land.
[Sidenote: The king's mother deceassed.]
[Sidenote: An. Reg. 20.]
[Sidenote: 1292.]
[Sidenote: _Nic. Triuet._]
This doone, and euerie thing ordered as séemed most expedient, king Edward returned into the south parts of his realme, to be at his mother's buriall, that in this meane time was departed this life. Hir hart was buried in the church of the Graifriers at London, & hir bodie at Ambresburie in the house of the nunnes. ¶ After the funerals were ended, king Edward returned into the north parts againe: he staied a while at Yorke, and during his abode there, Rées ap Meridoc (of whom ye haue heard before) was by order of law condemned & executed. ¶ This yeare after Easter, as the fléet laie before S. Matthewes in Britaine, there rose certeine discord betwixt the Norman mariners, and them of Baion, and so farre the quarel increased, that they fell to trie it by force, the Englishmen assisting them of Baion, and the French kings subiects taking part with the Normans, and now they fraught not their ships so much with merchandize as with armour & weapon. At length the matter burst out from sparkes into open flame, the sequele whereof hereafter shall appeare, as we find it reported by writers.
[Sidenote: Iohn Balioll obteineth the kingdome of Scotland.]
[Sidenote: _Nic. Triuet._]
But now touching the Scotish affaires. At length the king comming into Scotland, gaue summons to all those that claimed the crowne, to appeare before him at the feast of the natiuitie of S. Iohn Baptist next insuing, that they might declare more at large by what right they claimed the kingdome. Hervpon, when the daie of their appearance was come, and that king Edward was readie to heare the matter, he chose out the number of 40 persons, the one halfe Englishmen, and the other Scotishmen, which should discusse with aduised deliberation and great diligence the allegations of the competitors, deferring the finall sentence vnto the feast of S. Michaell next insuing, the which feast being come, after due examination, full triall, and assured knowledge had of the right, the kingdome by all their assents was adiudged vnto Iohn Balioll, who descended of the eldest daughter of Dauid king of Scotland. Robert le Bruce, betwixt whom and the same Balioll at length (the other being excluded) the question and triall onlie rested, was descended of the second daughter of king Dauid, though otherwise by one degrée he was néerer to him in bloud. Thus writeth Nicholas Triuet.
[Sidenote: _Polydor._]
But others affirme, that after long disputation in the matter, by order of king Edward, there were appointed 80 ancient and graue personages, amongst the which were 30 Englishmen, vnto whom (being sworne and admonished to haue God before their eies) authoritie was giuen to name him that should be king. These 80 persons, after they had well considered vnto whome the right apperteined, declared with one voice, that Iohn Balioll was rightful king. King Edward allowed their sentence, and by his authoritie confirmed vnto the same Iohn, the possession of the kingdome of Scotland, with condition that if he did not gouerne that realme with iustice, then vpon complaint, the king of England might put vnto his hand of reformation, as he was bound to doo by his right of superioritie, that in him was inuested. Herevpon king Edward awarded foorth his writ of deliuerie of seizine at the suit of the said I. Balioll, to William and Robert, bishops of S. Andrewes and Glasco, to Iohn lord Comin, Iames lord Steward of Scotland, and to the lord Brian Fitz Alane, wardens of Scotland, commanding them to deliuer vnto the said Iohn Balioll the seizine and possession of that realme, sauing the reléefes and debts due to him of the issues and profits of the same realme, vnto the day of the date of the writ, which was the ninetéenth day of Nouember, in the twentie yere of his reigne. Also there was another writ made, and directed to such as had the kéeping of the castels in their hands, in forme as followeth.
The copie of the writ for the deliuerie of the castels.
Edwardvs Dei gratia rex Angliæ, dominus Hiberniæ, dux Aquitaniæ, & superior dominus regni Scotiæ, dilecto & fideli suo Petro Burdet, constabulario castri de Berwike salutem. Cùm Iohannes de Baliolo nuper in parlamento nostro apud Berwicum super Tuedam, venisset coram nobis, & petiuisset prædictum regnum Scotiæ sibi per nos adiudicari, & seisinam ipsius regni vt propinquiori hæredi Margaretæ filiæ regis Norwegiæ dominæ Scotiæ iure successionis liberari, ac nos auditis & intellectis petitionibus & rationibus diligentur examinatis, inuenerimus præfatum Iohannem de Baliolo esse propinquiorem hæredem, prædictæ Margaretæ, quo ad prædictum regnum Scotiæ obtinendum: propter quod idem regnum Scotiæ, & seisinam eiusdem, saluò iure nostro, & heredum nostrorum, cum voluerimus inde loqui, prædicto Iohanni reddidimus: tibi mandamus quòd seisinam prædicti castri de Beruico cum omnibus pertinentijs suis, vnà cum alijs omnibus rebus tibi per chirographum traditis, secundum quod in prædicti castri tibi commissa custodia res huiusmodi recepisti, sine dilatione præfato Iohanni de Baliolo, vel attornatis suis has litteras deferentibus, deliberari facias. Teste meipso apud Beruicum super Tuedam 19 die Nouembris, Anno regni nostri 20.
In English thus.